Please read these Terms carefully before using our Website, as they set forth the legally binding terms and conditions for your use of the Website and all related content thereon, Services, apps, and purchases that you make from the Website, regardless of the means, manner, or place from which you access our Website. By accessing and using our Website and Content, you acknowledge and agree to abide by the following Terms. If you do not agree to these Terms, do not visit, browse, or use our Website or Content.
We reserve the right to change these Terms, at any time, by posting new or updated Terms on this webpage and without further notice to you. Such changed Terms will take effect upon posting, and your continued use of the Website following any such changes constitutes your acceptance and agreement to the new or updated Terms. These terms incorporate our posted Privacy Policy which governs collection, use, and sharing of Personal Information collected by us and are a contractual provision incorporated herein by this reference.
A. ORDER AND RETURNS TERMS AND CONDITIONS. For the first order of any product, we offer a 60-day satisfaction guarantee and accept returns or exchanges within this time frame. If you are not satisfied with your first order, you can return it for a full refund within sixty (60) days of purchase, excluding shipping and handling fees. Your 60-day satisfaction period will start on the date the product is ordered. You will be responsible to pay Shipping and Handling charges for your first shipment. To return the product within the first 60 days after order, contacting our Customer Care Department at Support@onlinedirectdeals.com for instructions on how to proceed or call us during operating hours which are M-F 9 AM CST- 6 PM CST at 1-888-352-4912.
B. SHIPPING TERMS. Your order will be processed within 3-5 business days. Shipping time is estimated to be three to five (3-5) calendar days and is included in your 60-Day Trial Period, so you will have approximately fifty (50) calendar days to evaluate the product you have selected. If you experience delays in the delivery of your product, please contact us at 1-888-352-4912.
A. LICENSE. We grant you a limited license to access and use the Website for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, display, transmit, perform, modify, publish, or create derivative works from the Website or its Content.
B. PROHIBITED CONDUCT.
You may not download (other than page caching) or modify any portion of the Website without our express written consent. You may not resell or make any other commercial use of the Website or its contents, product listings, descriptions, prices, or creative derivative works from our Website without our express written permission. You may not download or copy account information for another person or entity's benefit, or use data mining, robots, scrapers, or similar data gathering and extraction tools on, in or in connection with our Website. You may not reproduce, duplicate, copy, sell, mirror, or otherwise exploit any portion of our Website for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the Website's security or authentication measures.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our Website's infrastructure or supporting networks, or any systems or networks connected thereto. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website, or use the Website or Content in any manner that could damage, impair, overburden, or disable the Website or any component that enables the Website's proper operation.
You agree not to impersonate any person or entity or misrepresent your affiliation with any person or entity. You agree not to use the Website to harass or stalk any individual, nor entrap nor harm any other person, including harming minors in any way.
You may not impair in any way the Website's integrity or operation. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all of the resulting losses and damages.
A. REGISTRATION. We may require you to register to open an account in order to use certain Website features or Services, such as to purchase products. When you register, we may decline to grant you, and you may not use, a username or email address that another person or entity already owns or uses, that might be construed as impersonating another person, that might violate another's intellectual property or other rights, that we may deem offensive or objectionable, or that we reject for any other reason in our sole discretion.
B. CONFIDENTIALITY AND SECURITY. You are responsible for maintaining the confidentiality of your account details (including your password and account data that you may use to access the Website) and restricting access to your computer, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to the Website, to any third-party. You agree to accept full responsibility for all activities that occur under and/or within your account or password. You agree to immediately notify us promptly of any unauthorized use of your password or username or any other breach of your account's security, and to ensure that you "log off" and exit from your account at the end of each Website visit. We are not responsible or liable for any loss or damage that you or anyone else may incur from another's use of your account or arising from your failure to comply with any of the foregoing obligations. We reserve the right to refuse sale, or service, and/or terminate accounts immediately upon notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the best interest of our Company to do so.
Although we make best efforts to provide accurate information on the Website, we assume no responsibility for any inaccuracy. We do not warrant that the product descriptions, details, colors, or other content on the Website are accurate, complete, reliable, current, or error-free. Our Website may contain inaccuracies or typographical errors and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, whether or not the order has been confirmed and your payment method charged. If your payment method was already charged for the purchase and your order is cancelled, we will issue a credit to your payment method.
A. OWNERSHIP. We own and/or control the rights to all of the images, text, graphics, user interfaces, designs, photographs, trademarks, logos, sounds, music, artwork, and computer code on the Website including the design, "look and feel," trade dress, structure, selection, coordination, and arrangement thereof, all of which is protected by trademark, copyright, and related laws.
B. USE RIGHTS. You may access, view, download, and print Content for your personal, non-commercial use only, provided that you do not modify or make commercial use of Content, and retain all copyright, trademark, or other proprietary designations contained in Content. Except as these Terms expressly provide, you may not copy, reproduce, upload, republish, encode, transmit, or distribute any part of the Website or Content in any way or form to any other computer, server, Website, or other medium for publication or distribution or for any commercial purpose without our express prior written consent.
C. YOUR USER CONTENT. Our Website or social media channel(s) may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, email, share, distribute, reproduce, or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, or other materials ("User Content") on or to our Website or on our Social Media channels, you are entirely responsible for such User Content. You understand you are participating in a public forum and that any User Content that you submit to us may be available to all other Website users. We do not endorse any User Content, nor any opinion, representation, recommendation, or advice contained therein, and expressly disclaim any and all liability in connection with User Content submissions.
(i) You are either the User Content's sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents, and/or licenses to enable and authorize you and us to use the User Content on or social media or Website (and elsewhere) as provided hereunder;
(ii) The User Content that you submit is: (a) not false, defamatory, obscene, or misleading; (b) does not violate any right of any other person or entity, or any applicable law or ordinance; (c) does not contain any computer viruses, malware, or other potentially harmful electronic files, or any material intended to disrupt, alter, damage, or destroy any platforms or website; (d) does not contain any unauthorized advertising; and (e) is not, or would not reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
(iii) You warrant that all User Content that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Content to the Website.
(2) LICENSE TO USER CONTENT. You grant to us a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate, and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that we may use any User Content for any purpose, including but not limited to ads, marketing materials, social media displays, our Website, commercial emails, social media posts, media content, or promotional materials. We shall be under no obligation to preserve or pay compensation to you or any third-party for use of any User Content. You further grant the right to use your name and if provided your likeness or image in connection with any such User Content. We are not obligated to post your User Content, and we are not obligated to attribute any of your User Content to you.
(3) DISCLAIMER OF USER CONTENT. We are not responsible for evaluating your User Content, and do not assume any responsibility or liability for User Content. We do not endorse or control the User Content transmitted or posted on the Website. We do not warrant its accuracy, integrity, or quality. You acknowledge that by using the Website, you may be exposed to User Content that is offensive, indecent, or objectionable to you. You hereby waive all rights to any claims against us related to or arising out of your use of the Website or any User Content that you may encounter at the Website.
We respect others' intellectual property rights and require that you do the same in your use of the Website. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; • Identification of the copyrighted work(s) that you claim has been infringed; • A description of the material that you claim is infringing and the location of that material on the Website; • Your address, telephone number, and email address; • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send your notice to G&M Digital, LLC, 30 N Gould St Ste R, Sheridan, Wy 82801 Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
You agree to defend, indemnify, and hold Us, our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, harmless from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of our products or our Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR PRODUCTS ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE WEBSITE AND ITS CONTENT, OUR PRODUCTS, AND SERVICES ARE PRESENTED "AS IS" AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS, OR INTERRUPTIONS TO THE WEBSITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY INACCURACIES OR OMISSIONS IN CONTENT, AND/OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You and we agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, Services, and any order for any product or services) (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
A. YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN YOU AND US ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO WEBSITE, MARKETING, SERVICES, OR PRODUCTS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY, OR VALIDITY OF ANY PROVISION OF THESE TERMS OR OUR PRIVACY POLICY AND PRACTICES (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE NEUTRAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES ("RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
B. Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
The arbitration may be conducted in the city and state of the defending party, upon either Party’s request, by phone with no personal appearances required, unless the Parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may visit the AAA website at www.adr.org. To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis including any privacy or consumer privacy disputes.
C. YOU AND WE AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND WE FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.
D. Governing Law. The Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Subject to this Section, which provides that disputes are to be resolved through binding arbitration, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Sheridan County, for the purpose of litigating all such disputes. We make no representation that information and materials included in the Services are appropriate or available for use outside the U.S.
We reserve the right to terminate your access to, or use of this Website should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, returns, discounts, or any other conduct designed to injure, harass, or disrupt this Website or our business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
If you purchase any products available on our websites, you will be responsible for paying any sales tax.
A. GOVERNING LAW. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the State of Wyoming without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the our products And services as well as all privacy claims shall be the State or Federal Courts in Sheridan County, Wyoming.
B. ASSIGNMENT. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign, without the written permission of Company.
C. SEVERABILITY. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
D. ATTORNEYS' FEES. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
E. NO WAIVER. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
F. HEADINGS. All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
G. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use our products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
H. MODIFICATIONS. We reserve the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to the same. Unless accepted by us in writing, you may not amend these terms and conditions in any way.
I. VOID WHERE PROHIBITED. We operate and administer the Website from the state of Wyoming. Although the Website is accessible worldwide, not all features or products are available to all persons or geographic locations, or appropriate or lawful for use outside the United States. We reserve the right to limit, in our sole discretion, the quantity or provision of any product or service to any person, entity, or geographic area. Any offer for any feature, product, or service made on the Website is void where prohibited. This Website is intended for use only in the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from us relating to your purchase, payment, or account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletter special offers, promotional announcements, and customer surveys via email or other methods.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms of Service (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website or purchase any products through the Website. By accessing, using, or ordering products through the Website, you affirm that you have read this Agreement and understand, agree, and consent to all Terms contained herein.